For the umpteenth time, prominent civil rights advocacy group, the Human Rights Writers Association of Nigeria (HURIWA), has expressed disappointment that “the hierarchy of the Nigeria Army is tolerating and incubating spontaneous invasion and burning down of communities in Southern Nigeria any time rogue killers kill any operative of the Army.”

HURIWA in a statement issued on Wednesday said “it is regrettable that even after it directly protested this unprofessional and unorthodox revenge methodology by the Army to the Chief of Army Staff Lieutenant General Faruk Yahaya during a courtesy visit, operatives of the Army have escalated these unconstitutional and barbaric reprisals especially in Southern Nigeria to the exclusion of Northern Nigeria.”

The rights group in the statement signed by its National Coordinator, Comrade Emmanuel Onwubiko, said it is time too that the National Assembly clearly set out a legislation directly criminalizing this criminal reprisals by soldiers and stipulate punishments for offenders who should be prosecuted in the regular courts for this crime against humanity because as it is, Army’s hierarchy does not view this barbaric misconduct as a big issue even when this kind of primitive methodology of reprisals is not known to exists in any civilised democracy globally just as even the extent rules of engagement criminalizes this practice. The rights group promised to draft and present a bill on military reprisals to criminalise this barbaric action of the Army, as soon as the next session of the National Assembly comes on board in June 2023.

Besides, HURIWA wonders why the Army is not known to have carried out any revenge missions to Muslim dominated Communities in the North even when senior officers such as Captains, Majors and Lieutenants have at one time or the other been killed by terrorists in places such as Zamfara and Katsina. So why does the Army carry out this illegality only against Southern Nigeria?

Specifically, HURIWA recalled that deadly fear had engulfed the Rumudele community, in Emohua Local Council of Rivers State, following invasion by soldiers over alleged killing of their colleague and missing guns.

It was gathered that the soldiers allegedly burnt down some houses in the community, while residents fled to take refuge in neighbouring communities. Sources said the trouble started over the weekend at an illegal artisanal refinery site between Rumuekpe and Ndele communities.

According to the source, some soldiers, who allegedly came with motorcycles and vans to the site, started harassing the youth and collecting money from them as their share of the business.

“Those who refused to comply had their products impounded and loaded into the vehicle they came with,” the source added.

HURIWA recalled that part of the Army’s rules of engagement stated as follows: “Any officer or soldier found aiding or abetting any act of arson, vandalism or unprofessional conduct, would be severely dealt with according to the extant laws,” it said, adding that when deployed on any IS operation, “it is the duty of an officer or soldier to ensure the enforcement of law and order in conjunction with other security agencies.”

The army, according to HURIWA had publicly reminded troops that they are duty bound to intervene in any situation to avoid a breakdown in peace, stability or law and order of an area where they are deployed.

Besides the rules of engagement states that, “It is inexcusable for troops to stand aside and watch the security situation deteriorate leading to loss of lives or damage to property without intervening. Such intervention should, however, be based strictly on sound judgement and within the ambit of the code of conduct for IS Operations while exhibiting good professional ethics”, it added.

Citing Sect 217 (2) (c) of the 1999 Constitution (as amended), which provides that Nigeria’s armed forces shall suppress insurrection and act in aid of civil authority to restore order when called upon to do so by the President, Commander-in-Chief reinforced by Sect (8) (1) and (3) of the Armed Forces Act, Laws of the Federation of Nigeria, (LFN) 2004, it stressed that this presupposes that troops have to use necessary force to quell crisis resulting in deaths, injury and damages to properties.

Other highlights of the ROE include:

The principle of minimum force and proportionality must be applied at all times; whenever operational situation permits, every reasonable effort shall be made to control the situation through measures short of using force, including personal contact and negotiations; the use of lethal force shall only be resorted to if all other means to control the situation have failed or in case of unexpected attack or suspected Improvised Explosive Device (IED) attack during which a delay could lead to loss of life or serious injury to personnel; and that any force applied must be limited in its intensity and duration; it must also be commensurate with the level of threat posed.

• Force shall be used only when absolutely necessary to achieve an immediate aim; the decision to open fire shall be made only on orders and under the control of on-scene commander, unless there is insufficient time to obtain such order. Fire can however be opened if the life of a soldier, any law-abiding member of the public and/or property of which it is our duty to protect is in grave danger; fire must be aimed and controlled. Indiscriminate firing is not permitted.
• Fire may be opened to forcefully stop any vehicle that fails to stop at a checkpoint or road block when ordered to stop for search; automatic fire will only be opened as a last resort; avoid collateral damage; after fire has ceased, render medical assistance and record details of incident both in writing and using audio/visual equipment whether or not casualty has been recorded; and whenever in doubt, seek clarification from higher headquarters.

HURIWA said it is now time to have clearly stated legal sanctions enforceable by the regular courts against military operatives breaching established military rules of engagement given that the Army’s hierarchy is not committed to stamping out the barbaric act of reprisals by soldiers.